Case JKO Doc 8658 Filed 05/29/12 Page 1 of 20

Transcription

1 Case -JKO Doc 8658 Filed 05/29/12 Page 1 of 20 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION In re: ) Chapter 11 Cases ) Case No. -JKO TOUSA, INC., et al., ) Jointly Administered ) Debtors. ) ) NOTICE OF FILING AND HEARING WITH RESPECT TO THE ORDER GRANTING THE DEBTORS FOURTH OMNIBUS OBJECTION TO CERTAIN PROOFS OF CLAIMS PLEASE TAKE NOTICE that on June 5, 2012 at 1:30 p.m., and its affiliated debtors and debtors in possession in the above-captioned, jointly administered chapter 11 cases (collectively, the Debtors ), by their undersigned counsel, shall appear before the Honorable John K. Olson, at the United States Bankruptcy Court for the Southern District of Florida, Fort Lauderdale Division, 299 E. Broward Boulevard, Fort Lauderdale, Florida, 33301, Room 301 and present the proposed order annexed hereto as Exhibit 1 with respect to the Debtors Fourth Omnibus Objection to Certain Proofs of s [ECF No. 8591], filed on March 27, K&E

2 Case -JKO Doc 8658 Filed 05/29/12 Page 2 of 20 Dated: May 29, 2012 Respectfully submitted, BERGER SINGERMAN LLP /s/ Paul Steven Singerman Paul Steven Singerman (Florida Bar No ) 1450 Brickell Avenue, Suite 1900 Miami, FL Telephone: (305) Facsimile: (305) and- KIRKLAND & ELLIS LLP Richard M. Cieri (New York Bar No ) Joshua A. Sussberg (New York Bar No ) 601 Lexington Avenue New York, NY Telephone: (212) Facsimile: (212) Co-Counsel to the Debtors K&E

3 Case -JKO Doc 8658 Filed 05/29/12 Page 3 of 20 Exhibit 1 Proposed Order K&E

4 Case -JKO Doc 8658 Filed 05/29/12 Page 4 of 20 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION In re: ) Chapter 11 Cases ) Case No. -JKO TOUSA, INC., et al., ) Jointly Administered ) Debtors. ) ) ORDER GRANTING DEBTORS FOURTH OMNIBUS OBJECTION TO CERTAIN PROOFS OF CLAIMS Upon consideration of the Debtors Fourth Omnibus Objection to Certain Proofs of s [ECF No. 8591] (the Objection ) 1 of ( TOUSA ) and its affiliated debtors and debtors in possession in the above-captioned, jointly administered chapter 11 cases (collectively, the Debtors ) requesting entry of an order, pursuant to section 502(b) of title 11 of the United States Code (the Bankruptcy Code ) and Rule 3007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), expunging, disallowing, reclassifying or reducing the Disputed s listed on attached hereto; and consideration of the 1 Capitalized terms used herein but not otherwise defined have the meaning ascribed to them in the Objection. K&E

5 Case -JKO Doc 8658 Filed 05/29/12 Page 5 of 20 Objection and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157 and 1334; and venue being proper before this Court pursuant to 28 U.S.C and 1409; and due and proper notice of the Objection having been provided; and it appearing that no other or further notice need be provided; and the Court having determined that there exists just cause for the relief granted herein and that such relief is in the best interest of the Debtors, their estates and creditors and all other parties in interest; and upon the arguments and testimony presented at the hearing before the Court, and any responses to the Objection having been withdrawn, resolved, or overruled on the merits; and after due deliberation and sufficient cause appearing therefore, it is hereby ORDERED that: 1. The Objection is granted to the extent set forth herein. 2. The Disputed s listed on attached hereto are hereby disallowed and expunged in their entirety, reduced and/or reclassified, as indicated on the exhibit, pursuant to section 502(b) of the Bankruptcy Code. 3. By agreement of the Debtors and the ants listed on Exhibit B attached hereto, the Objections to the Disputed s listed on Exhibit B are hereby adjourned to a date to be determined. 4. The s to which the Debtors have not objected at this time (the Surviving s ) will remain on the claims register, and such Surviving s are neither allowed nor disallowed at this time, subject, however to any future objection on any basis. 5. The disallowance and expungement of the Disputed s does not constitute any admission or finding with respect to any of the Surviving s.

6 Case -JKO Doc 8658 Filed 05/29/12 Page 6 of This Order has no res judicata, estoppel or other effect on the validity, allowance or disallowance of the Surviving s. All rights to object on any basis with respect to the Surviving s are expressly reserved. 7. The terms and conditions of this Order shall be immediately effective and enforceable upon entry of the Order. 8. This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order. Submitted by: BERGER SINGERMAN LLP Paul Steven Singerman (Florida Bar No ) 1450 Brickell Avenue, Suite 1900 Miami, FL Telephone: (305) Facsimile: (305) and- KIRKLAND & ELLIS LLP Richard M. Cieri (New York Bar No ) Joshua A. Sussberg (New York Bar No ) 601 Lexington Avenue New York, NY Telephone: (212) Facsimile: (212) Co-Counsel to the Debtors Copies to: Paul Steven Singerman (Attorney Singerman shall upon receipt serve a copy of this Order upon all interested parties and file a certificate of service.)

7 Case -JKO Doc 8658 Filed 05/29/12 Page 7 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Acacia Enterprises LLC Agnew, Jackie 5/11/ General Unsecured - $9, Subject to Avoidance Action Schedule to be disallowed and expunged Secured - BLANK 16 - No Amount Due / No Record 18 - No Amount Specified 22 - Reclassify - Secured to Unsecured to be disallowed and expunged Alzate, Yolanda 5/17/ American Builders and Contractors Supply Company Inc dba ABC Supply Co Inc 5/14/ General Unsecured - $4, No Amount Due / No Record to be disallowed and expunged General Unsecured - $23, to be disallowed and expunged pursuant to an American Builders and Contractors Supply Company Inc dba ABC Supply Co Inc 5/14/ Newmark Homes Purchasing, LP General Unsecured - $64, to be disallowed and expunged pursuant to an American Builders and Contractors Supply Company Inc dba ABC Supply Co Inc 5/14/ American Electrical Services 4/16/ American Woodmark Corp 5/16/ American Woodmark Corp Dba Temberlake Cabinet 5/16/ American Woodmark Corp Dba Timberlake Cabinet Co 5/16/ American Woodmark Corporation 5/16/ American Woodmark Corporation 5/16/ American Woodmark Corporation 5/16/ American Woodmark Corporation Inc 5/16/ Andrea Friend 5/14/ Arizona Department of Revenue 4/15/ Arizona Department of Revenue 1/26/ Newmark Homes Purchasing, LP General Unsecured - $403, General Unsecured - $46, Late Filed 14 - Paid In Part (Postpetition) / Payable by Court Order to be disallowed and expunged pursuant to an to be disallowed and expunged General Unsecured - $13, to be disallowed and expunged General Unsecured - $31, to be disallowed and expunged General Unsecured - $3, to be disallowed and expunged General Unsecured - $8, to be disallowed and expunged General Unsecured - $22, to be disallowed and expunged General Unsecured - $2, to be disallowed and expunged General Unsecured - $ to be disallowed and expunged General Unsecured - $20, No Amount Due / No Record to be disallowed and expunged General Unsecured - $11, Priority - $1, to be disallowed and expunged Priority - $608, to be disallowed and expunged Page 1 of 13

8 Case -JKO Doc 8658 Filed 05/29/12 Page 8 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Arizona Department of Revenue 11/3/ General Unsecured - $31, to be disallowed and expunged Atwell Hicks General Unsecured - $22, to be disallowed and expunged pursuant to an Atwell Hicks LLC fka HEC Engineering LLC 5/7/ Balsis, John 4/15/ Baltazar Ochoa 5/19/ Baltazar Ochoa 5/14/ Bexar County 3/11/ Blue Star Electric Inc 3/24/ Brian Lynn and Deborah Lynn 3/24/ Brinks Home Security 2/29/ Bryan McGregor 5/5/ Cadles of Grassy Meadows II LLC 5/13/ Camellia Brooks 10/4/ Capital Chem Can Co Carcioppolo,Catherine 5/6/ Carpenter Contractors Of Ameri Ca Carrolton Farmers Branch Independent School District Carrolton Farmers Branch Independent School District CENTEX HOMES A NEVADA GENERAL PARTNERSHIP 4/17/ /11/ /11/ /6/ General Unsecured - $256, General Unsecured - $4, Secured - $211, Secured - $211, Secured - $85, General Unsecured - $27, to be disallowed and expunged pursuant to an 1 - Late Filed to be disallowed and expunged 2 - Duplicate to Earlier # Reclassify - Secured to Unsecured to be disallowed and expunged 33 - Subject to Avoidance Action 22 - Reclassify - Secured to Unsecured to be disallowed and expunged 33 - Subject to Avoidance Action to be disallowed and expunged 11- Against Wrong Debtor 2- Duplicate to Earlier # Withdrawn to be disallowed and expunged 12 - Against Multiple Debtors General Unsecured - $87, to be disallowed and expunged General Unsecured - $14, Subject to Avoidance Action to be disallowed and expunged Admin Priority - $19, Waiver and Release Agreement to be disallowed and expunged Secured - $16, General Unsecured - $9, Against Wrong Debtor to be disallowed and expunged to be reclassed against Debtor Case No. General Unsecured - $12, Subject to Avoidance Action Schedule to be disallowed and expunged Secured - $475, General Unsecured - $12, Secured - $8, Reclassify - Secured to Unsecured 15 - Paid in Part s to be disallowed and expunged to be disallowed and expunged to be disallowed and expunged Secured - $8, to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged Page 2 of 13

9 Case -JKO Doc 8658 Filed 05/29/12 Page 9 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Circle L Roofing 4/1/ City of DeLand 4/28/ City of Eustis Utility 3/20/ City of Oviedo 5/19/ City of Pearland 12/22/ Classic Tile & Carpet Inc Clint Ooten 5/16/ Clint Ooten 5/16/ TOUSA Associates Services Company Clint Ooten 5/16/ Clinton Ooten 11/6/ Coastal Craftsmen Aluminum 4/29/ Coastal Flooring Corp Comfort House Inc 4/1/ Cora B Wiltshire 3/4/ Corbin, Gian V 5/13/ Country Greens Community Development District 4/9/ General Unsecured - $76, Subject to Avoidance Action to be disallowed and expunged Secured - $1, to be disallowed and expunged General Unsecured - $1, to be disallowed and expunged General Unsecured - $13, Priority - $1, Secured - $68, to be disallowed and expunged 11- Against Wrong Debtor to be disallowed and expunged General Unsecured - $32, Subject to Avoidance Action Schedule to be disallowed and expunged Priority - UNLIQUIDATED 37 - Waiver and Release Agreement to be disallowed and expunged Priority - UNLIQUIDATED 37 - Waiver and Release Agreement to be disallowed and expunged Priority - UNLIQUIDATED 37 - Waiver and Release Agreement to be disallowed and expunged General Unsecured - $158, Waiver and Release Agreement to be disallowed and expunged General Unsecured - $14, to be disallowed and expunged General Unsecured - $2, Subject to Avoidance Action Schedule to be disallowed and expunged Secured - $26, General Unsecured - $2,377, Priority - $21, Secured - $358, Secured - $41, to be disallowed and expunged pursuant to an pursuant to which the claimant has agreed to waived any 3 - Amended, Replaced or Superseded by to be disallowed and expunged # 7756 to be disallowed and expunged 16 - No Amount Due / No Record 22 - Reclassify - Secured to Unsecured 3 - Amended, Replaced, or Superseded by # 6100 to be disallowed and expunged Country Greens Community Development District Country Greens Community Development District County Greens Community Development District 6/10/ /1/ /31/ Secured - $239, Secured - $239, Secured - $239, Amended, Replaced, or Superseded by # 4498 to be disallowed and expunged 2- Duplicate to Earlier # 4492 to be disallowed and expunged 16 - No Amount Due / No Record to be disallowed and expunged Page 3 of 13

10 Case -JKO Doc 8658 Filed 05/29/12 Page 10 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of County of Comal 12/12/ County of Denton 2/22/ County of Hays 12/12/ County of Williamson 12/12/ Cypress Fairbanks ISD 1/7/ Dale, Desiree 6/4/ Dallas County 3/25/ Dallas County 11/20/ Darryl R Baer 3/26/ David W Crawley Inc De La Cruz, Gerardo 8/20/ Department of Environmental Resources Management Department of Environmental Resources Management Department of the Treasury Internal Revenue Service Department of the Treasury Internal Revenue Service Department of the Treasury Internal Revenue Service Department of the Treasury Internal Revenue Service 10/4/ /8/ /19/ /19/ /19/ /6/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ TOUSA Homes, LP TOUSA Delaware, Inc TOUSA Realty, Inc Lorton South Condominium, LLC TOUSA Homes Arizona, LLC TOUSA, LLC Lorton South Condominium, LLC Silverlake, Interests LLC TOUSA Realty, Inc Engle/James LLC Secured - $40, to be disallowed and expunged Secured - $2, to be disallowed and expunged Secured - $18, to be disallowed and expunged Secured - $114, Secured - UNLIQUIDATED General Unsecured - $414, Secured - $15, to be disallowed and expunged to be disallowed and expunged 16 - No Amount Due / No Record to be disallowed and expunged Secured - $173, to be disallowed and expunged Secured - UNLIQUIDATED to be disallowed and expunged Priority - $2, to be disallowed and expunged General Unsecured - $2, Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - UNLIQUIDATED 5 - Facially Defective - Unsigned 7 - Failure to Specify basis / Insufficient or No to be disallowed and expunged General Unsecured - $84, Duplicative of claim #7685 to be disallowed and expunged General Unsecured - $139, Improper Amounts Included to be reduced and allowed in the amount of $26, Priority - $2, to be disallowed and expunged Priority - $ Priority - $17, Amended, Replaced or Superseded by # Amended, Replaced or Superseded by # 7712 to be disallowed and expunged to be disallowed and expunged Priority - $1, to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged Page 4 of 13

11 Case -JKO Doc 8658 Filed 05/29/12 Page 11 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of 5/19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ TOUSA/West Holdings, Inc TOUSA Homes Mid-Atlantic Holding, LLC Engle Sierra Verde P4, LLC TOUSA Homes Mid-Atlantic, LLC Engle Sierra Verde P5, LLC Newmark Homes Business Trust TOUSA Associates Services Company TOUSA Investment #2, Inc Reflection Key, LLC General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged 5/19/ General Unsecured - UNLIQUIDATED to be disallowed and expunged 5/19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ Engle Homes Delaware, Inc TOI, LLC Preferred Builders Realty, Inc TOUSA Homes Nevada, LLC TOUSA Investment #2, Inc TOUSA Homes Investment #1, Inc TOUSA Delaware, Inc TOUSA Homes Investment #2, LLC TOUSA Homes Colorado, LLC Engle/Gilligan, LLC TOUSA Mid-Atlantic Investment, LLC Newmark Homes Purchasing, LP General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged Page 5 of 13

12 Case -JKO Doc 8658 Filed 05/29/12 Page 12 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Dixon Brothers Inc 5/19/ /19/ /19/ /19/ LB/TE #1, LLC TOUSA Funding, LLC McKay Landing, LLC Engle Homes Commercial Construction, LLC General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - $1, Subject to Avoidance Action to be disallowed and expunged DMB White Tank LLC 5/15/ Secured - UNLIQUIDATED to be disallowed and expunged pursuant to an pursuant to which the claimant has agreed to waived any DMB White Tank LLC Verrado Assembly and Verado Community Association Inc 5/19/ Secured - UNLIQUIDATED to be disallowed and expunged pursuant to an pursuant to which the claimant has agreed to waived any DONALD W MCINTOSH ASSOCIATES INC 5/5/ General Unsecured - $23, Amended, Replaced or Superseded by # 7755 to be disallowed and expunged Dorothy Minato 4/3/ Dream Stone Inc 5/16/ Edminster Hinshaw Russ & Associates Inc Edminster Hinshaw Russ & Associates Inc 5/14/ /14/ Fries, John 5/12/ Beacon Hill at Mountain's Edge, LLC GE Appliances George Constantine Yeonas 10/29/ Gibson Construction of Nevada 3/11/ Inc Greater Lakes Sawgrass Bay Community Development District Green MTN Excavatng Inc Hamway Flooring Inc 3/11/ Secured - $2, Secured - $7, Secured - UNLIQUIDATED 3- Amended, Replaced or Superseded by # Paid in Full (Pre/Postpetition) / Payable by Court Order 12 - Against Multiple Debtors 16 - No Amount Due / No Record to be disallowed and expunged to be disallowed and expunged to be disallowed and expunged Secured - UNLIQUIDATED 16 - No Amount Due to be disallowed and expunged Secured - $330, No Amount Due / No Record to be disallowed and expunged General Unsecured - $0.00 Schedule to be disallowed and expunged Priority - $87, Waiver and Release Agreement to be disallowed and expunged General Unsecured - $39, Secured - $27, Against Wrong Debtor 3 - Amended, Replaced or Superseded by claim # 4113 to be disallowed and expunged to be disallowed and expunged General Unsecured - $8, Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged Page 6 of 13

13 Case -JKO Doc 8658 Filed 05/29/12 Page 13 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Hamway Flooring Inc Hanson JR, Edward 4/5/ Harford County Maryland 2/22/ Hearth & Home Technologies dba Hilda M Parrotte 3/30/ HW Johnson Inc 12/8/ General Unsecured - $7, Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $ Priority - UNLIQUIDATED 16 - No Amount Due 17 - Improper Amounts Included 24 - Reclassify - Priority to Unsecured to be disallowed and expunged to be reclassed against TOUSA Homes, Inc Debtor No. and allowed as a general unsecured claim in the amount of $ General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - UNLIQUIDATED General Unsecured - $18, No Amount Due / No Record 1 - Late Filed 33 - Subject to Avoidance Action to be disallowed and expunged to be disallowed and expunged Indemnity Insurance Company of North America et al 5/19/ Engle Sierra Verde P5, LLC Secured - UNLIQUIDATED 16 - No Amount Due to be disallowed and expunged Indemnity Insurance Company of North America et al 5/19/ Jason Collins 5/16/ Jason Collins 5/16/ Jimmy Otalvaro 5/19/ JJs Window Services 4/27/ JJs Window Services 4/27/ Engle/Gilligan, LLC TOUSA Associates Services Company Newmark Homes Purchasing, LP Secured - UNLIQUIDATED 16 - No Amount Due to be disallowed and expunged Priority - UNLIQUIDATED 37 - Waiver and Release Agreement to be disallowed and expunged Priority - UNLIQUIDATED 37 - Waiver and Release Agreement to be disallowed and expunged General Unsecured - $47, No Amount Due / No Record to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action to be disallowed and expunged General Unsecured - $8, Late Filed 33 - Subject ot Avoidance Action to be disallowed and expunged JMs Cleaning Co Job Site Recycling Johnson, Katie Mae & Elizabeth Newmark Homes Purchasing, LP 4/1/ Johnson Johnson, Stephen 5/13/ Jose F Gomez Construction Inc Kalberer, James 5/7/ Kaskre Marketing GRP LTD 4/8/ Ketzer, Dawn 4/19/ General Unsecured - $2, Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged Secured - $150, General Unsecured - $15, No Amount Due / No Record 17 - Improper Amounts Included to be disallowed and expunged t be reduced to $1, and allowed against Debtor Case No. General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged Priority - $7, Duplicate of claim # 1802 to be disallowed and expunged General Unsecured - $4, Subject to Avoidance Action to be disallowed and expunged Secured - $5, No Amount Due 22 - Reclassify - Secured to Unsecured to be disallowed and expunged Page 7 of 13

14 Case -JKO Doc 8658 Filed 05/29/12 Page 14 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Laurie Martz Rotondo & Michael Rotondo 5/13/ Secured - $308, to be disallowed and expunged Lee County Tax Collector 1/13/ Lehil, Balbir 4/2/ Lennar Homes of Texas Land and 5/19/ Construction Ltd Light Duty Labor 5/12/ Light Duty Labor Light Duty Labor Inc 5/12/ Lisbon Inc Magnolia Environmental Const Meineke, Mel 3/29/ Mendez Silverio Michael J Valente Contracting 5/8/ Administrative - $11, Secured - $365, Paid In Full - (Pre/Postpetition) / Payable to be disallowed and expunged by Court Order 7 - Failure to Specifiy Basis / Insufficient or No to be disallowed and expunged 16 - No Amount Due / No Record 22 - Reclassify - Secured to Unsecured General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - $2, Priority - $5, Subject to Avoidance Action to be disallowed and expunged General Unsecured - $4, Subject to Avoidance Action Schedule to be disallowed and expunged Admin Priority - BLANK 33 - Subject to Avoidance Action to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $1, Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $ Failure to Specifiy Basis / Insufficient or No 16 - No Amount Due / No Record to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $496, to be disallowed and expunged pursuant to an Michael J Valente Contracting 5/8/ Engle Sierra Verde P4, LLC Secured - $496, to be disallowed and expunged pursuant to an Michael J Valente Contracting 5/8/ Engle Sierra Verde P5, LLC Miller Legg & Associates inc 5/15/ Minato Dorothy N Secured - $496, General Unsecured - $5, Secured - $40, General Unsecured - $2, to be disallowed and expunged pursuant to an to be disallowed and expunged 3 - Amended, Replaced or Superseded by # 1105 Schedule to be disallowed and expunged Page 8 of 13

15 Case -JKO Doc 8658 Filed 05/29/12 Page 15 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Mitchell & Stark Construc 4/22/ Mitchell & Stark Construction Mitchell & Stark Construction Co 11/24/ Inc Modular Space Corporation Moras Painting Inc and Mountains Edge 10/22/ Beacon Hill at Mountain's Edge, LLC Mountains Edge LLC 10/22/ Natures Source Okon, Allison 3/29/ P K Austin Inc P K Austin Inc Paradigm Engineering Ltd Parks at Piedmont South Condominium Owners 3/18/ Association Parks at Piedmont South Condominium Owners Association 3/18/ PK & RK LLC 5/16/ Postle Development Company 5/13/ Prince William County 5/7/ Prince William County 5/7/ Government Pro Final Inc ProBuild East LLC 5/19/ Secured - $319, General Unsecured - $25, Amended, Replaced or Superseded by # 1582 to be disallowed and expunged pursuant to an pursuant to which the claimant has agreed to waived any Schedule to be disallowed and expunged General Unsecured - $400, Against Multiple Debtors to be disallowed and expunged General Unsecured - $3, Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $1, Subject to Avoidance Action Schedule to be disallowed and expunged Secured - UNLIQUIDATED to be disallowed and expunged Secured - UNLIQUIDATED to be disallowed and expunged General Unsecured - $7, Schedule to be disallowed and expunged pursuant to an pursuant to which the claimant has agreed to waived any General Unsecured - $20, Duplicate to Earlier # 823 to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $1, Subject to Avoidance Action Schedule to be disallowed and expunged Secured - $1.00 General Unsecured - UNLIQUIDATED 3 - Amended, Replaced, or Superseded by # Amended, Replaced, or Superseded by # 7695 to be disallowed and expunged to be disallowed and expunged General Unsecured - UNLIQUIDATED to be disallowed and expunged General Unsecured - $7,928, to be disallowed and expunged Priority - $52, to be disallowed and expunged Secured - $53, to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $5, Secured - $18, to be disallowed and expunged Page 9 of 13

16 Case -JKO Doc 8658 Filed 05/29/12 Page 16 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Province Residents Community Homeowners at Province Community Maricopa Arizona 5/20/ TOUSA Homes Arizona, LLC Secured - UNLIQUIDATED to be disallowed and expunged Province Residents Community Homeowners at Province Community Maricopa Arizona 5/20/ Secured - $850, to be disallowed and expunged Province Residents Community Homeowners at Province Community Maricopa Arizona 5/20/ Secured - $850, to be disallowed and expunged Ready Mixed Concrete Company 5/21/ Real Estate Temps Real Estate Temps Reddico Construction Company Inc Reddico Construction Company Inc Reliable Cleaning Service 5/12/ RH Hernandez Drywall Inc River City Rolloff Inc Robert and Janet Levy 8/28/ Engle Sierra Verde P5, LLC /14/ /14/ Robert Petko 5/14/ Rockwall CAD 3/3/ Rockwall County 3/25/ Round Rock ISD 11/5/ Royal Cleaning Inc Reflection Key, LLC Royal Cleaning Inc Royal Cleaning Inc Secured - $28, to be disallowed and expunged General Unsecured - $15, Schedule to be disallowed and expunged General Unsecured - $1, Schedule to be disallowed and expunged Secured - UNLIQUIDATED 16 - No Amount Due to be disallowed and expunged Secured - UNLIQUIDATED 16 - No Amount Due to be disallowed and expunged General Unsecured - $15, General Unsecured - $ Subject to Avoidance Action to be disallowed and expunged pursuant to an pursuant to which the claimant has agreed to waived any Schedule to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $64, Priority - $2, Improper Amounts Included to be reduced and allowed in the amount $28, to be disallowed and expunged Secured - UNLIQUIDATED to be disallowed and expunged Secured - UNLIQUIDATED to be disallowed and expunged Secured - $109, to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $1, Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $2, Subject to Avoidance Action Schedule to be disallowed and expunged Page 10 of 13

17 Case -JKO Doc 8658 Filed 05/29/12 Page 17 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Sample, Charlie 4/9/ San Antonio Express San Antonio Masonry 5/8/ Sienna Plantation Levee 7/28/ Improvement District Silver Fern MGMT LLC 5/16/ Simon, Diana 4/2/ State Farm Insurance Co 10/13/ State Farm Lloyds as Subrogee of Mack A Miller 5/12/ Stephen & Graciela Jackson 4/27/ Stock Building Supply Holdings Inc and its subsidiaries Stock Building Supply Inc Stock Building Supply of Florida Inc 5/16/ Engle/James LLC Secured - $121, to be disallowed and expunged General Unsecured - $5, Subject to Avoidance Action Schedule to be disallowed and expunged Secured - $13, to be disallowed and expunged Secured - $7, to be disallowed and expunged General Unsecured - $701, Subject to Avoidance Action to be disallowed and expunged Secured - $353, General Unsecured - $30, Failure to Specify Basis / Insufficient or No to be disallowed and expunged 16 - No Amount Due / No Record 22 - Reclassify - Secured to Unsecured 1 - Late Filed to be disallowed and expunged General Unsecured - $9, Late Filed to be disallowed and expunged General Unsecured - $350, Secured - $41, Amended, Replaced or Superseded by # 7123 to be disallowed and expunged to be disallowed and expunged pursuant to an Stock Building Supply Holdings Inc and its subsidiaries Stock Building Supply Inc Stock Building Supply of Texas LLC 5/16/ Newmark Homes Purchasing, LP General Unsecured - UNLIQUIDATED to be disallowed and expunged pursuant to an Stock Building Supply Holdings Inc and its Subsidiaries Stock Building Supply Inc Stock Building Supply of Texas LLC 5/16/ Secured - UNLIQUIDATED to be disallowed and expunged pursuant to an Stock Building Supply Holdings Inc and its subsidiaries Stock Building Supply Inc Stock Building Supply of Texas LLC Stofko Masonry and Summit Usa Land Dev Inc Sundew Painting Inc 5/16/ Secured - $234, to be disallowed and expunged pursuant to an General Unsecured - $1, Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged Page 11 of 13

18 Case -JKO Doc 8658 Filed 05/29/12 Page 18 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Superior Concrete LLC 5/8/ Superior Homes and Investments 5/16/ LLC Texas Light Bulb Inc TOUSA Homes, LP The Briar Corporation 7/31/ The Raindance Company Top Grading & Waste Services Inc 4/18/ Tortosa Homeowners Association 5/14/ Tuscano Master Homeowners Association Tuscany Granite United Waterworks Plumbing Inc 5/16/ Priority - $22, Subject to Avoidance Action to be disallowed and expunged General Unsecured - $704, Secured - $4,835, Duplicate of #2411 to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged Secured - $176, Duplicate to Earlier # Subject to Avoidance Action to be disallowed and expunged General Unsecured - $ Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $41, Subject to Avoidance Action to be disallowed and expunged Secured - $25, to be disallowed and expunged General Unsecured - $35, to be disallowed and expunged General Unsecured - $11, Subject to Avoidance Action Schedule to be disallowed and expunged General Unsecured - $25, Subject to Avoidance Action Schedule to be disallowed and expunged Valley Wide Plastering 10/20/ General Unsecured - $11, to be disallowed and expunged pursuant to an Valley Wide Plastering Inc 6/19/ General Unsecured - $13, Secured - $23, to be disallowed and expunged pursuant to an Varner, Derrick 5/10/ Warner, Donald 4/5/ General Unsecured - BLANK Secured - UNLIQUIDATED 3 - Amended, Replaced or Superseded by to be disallowed and expunged # 7706 to be disallowed and expunged 16 - No Amount Due / No Record 22 - Reclassify - Secured to Unsecured Weld County Treasure 3/30/ West Riata HOA 5/2/ Western Oilfields Supply Co dba Rain for Rent 3/26/ Womack, Tina 5/14/ Priority - UNLIQUIDATED Secured - $22, Secured - $49, to be disallowed and expunged 22 - Reclassify - Secured to Unsecured to be disallowed and expunged Secured - $1, to be disallowed and expunged Secured - BLANK 16 - No Amount Due / No Record to be disallowed and expunged Page 12 of 13

19 Case -JKO Doc 8658 Filed 05/29/12 Page 19 of 20 Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of Woody, Ernestine 5/14/ Yantis Company 4/7/ Yard Pro Newmark Homes Purchasing, LP Secured - $157, General Unsecured - $20, General Unsecured - $6, to be disallowed and expunged to be allowed against, Case No in the amount of $20, Schedule to be disallowed and expunged pursuant to an pursuant to which the claimant has agreed to waived any Page 13 of 13

20 Case -JKO Doc 8658 Filed 05/29/12 Page 20 of 20 Exhibit B Objections to be adjourned Alice Kuhn 5/20/ Arthur Morrison 3/31/ John D Burnside & Suzanne E Burnside 5/5/ Lewis, Atanya 5/14/ Mahadeo, Rajkumar 5/10/ Markham Contracting Co Inc 5/19/ Markham Contracting Co Inc 5/19/ Markham Contracting Co Inc 5/19/ Asserted Debtor Entity Asserted Amount Basis for Objection Treatment of General Unsecured - $33, Priority - $2, Secured - $1, General Unsecured - $33, Priority - $2, General Unsecured - $6, General Unsecured - $4, General Unsecured - $8, General Unsecured - $47, General Unsecured - $62, No Amount Due / No Record Documentaion 16 - No Amount Due 17 - Improper Amounts Included 16 - No Amount Due 17 - Improper Amounts Included 14 - Paid in Full (Pre/Postpetition) Payable by Court Order 14 - Paid in Full (Pre/Postpetition) / Payable by Court Order Overhead & Underground Electric Construction Inc 4/14/ Pinto, Jose 5/14/ Robert J Pollack & Marilee Pollack 5/14/ Ryan & Sonji Johns 5/20/ Secured - UNLIQUIDATED Priority - $414, General Unsecured - $70, Improper Amounts Included 22 - Reclassify Secured to Unsecured 24 - Reclassify - Priority to Unsecured 17 - Improper Amounts Included General Unsecured - $50, No Amount Due Page 1 of 1